Secure compulsory portion claims: Court allows asset arrest!

In a pioneering judgment, the Munich Higher Regional Court ruled that the person entitled to compulsory portion can apply for an arrest in order to secure their assets before the compulsory portion was paid out. This decision creates clarity in an area that is often affected with fears and uncertainties, especially when it comes to the estate of deceased. The person entitled to compulsory portion is entitled to a minimum share of the estate, also known as a compulsory portion after the death of a relative.

In many cases, however, the exact calculation of the compulsory portion claim can take a lot of time, which can cause heirs to create assets in the meantime. An arrest that freezes the assets until the compulsory portion has been paid out can be very helpful in such situations. In the specific case, a person entitled to a compulsory portion requested an arrest order to secure his compulsory portion of 400,000 euros. The heiress tried in vain to defend himself against the arrest order.

prerequisites for an arrest

The court made it clear that an arrest is permissible if there is a reasonable suspicion that the enforcement of the compulsory portion claim could be made more difficult or thwarted. Important criteria are whether heirs perform actions that make the fear arise that enforceable assets will no longer be available without the arrest. However, it was also pointed out that the transfer of assets to third parties alone is not yet an arrest. Rather, an arrest is justified if there is a risk that an inheritance will create assets aside or do not receive any significant counter values for a sale.

In the case, the heiress had sold a property without informing the person entitled to the compulsory portion about this transaction, which the court considered suspicious. This situation illustrates the need for entitlements to act quickly if you have suspected that an inheritance may try to thwart your claim.

like T-Online , can secure their claims by a arrest. This option is particularly important because the clarification of compulsory portion claims can often take several years. Arrest claims arise with the inheritance in accordance with Section 2317 of the German Civil Code and are aimed at a money claim.

Additional information about the application modalities and the requirements for an arrest, the experts from Erbrecht- advisor offer that the applicant has to explain an arrest reason that justifies the urgency of the measure. Possible reasons can be incorrect information from the heir to the estate, ignoring the person entitled to the compulsory portion or premature real estate transfer. A successful arrest allows to enforce in the assets of the heir, for example through the attachment of moving assets or by applying for an arrest mortgage to estate properties.